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The Code of Civil Procedure, 1908: page 231

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 231, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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reference was made; and such Court shall, on the receipt thereof, proceed to dispose of the case in
conformity with the decision of the High Court.
     4. Cost of reference to High Court.—The costs (if any) consequent on a reference for the decision
of the High Court shall be costs in the case.
     1
     [4A. Reference to High Court under proviso to section 113.—The provisions of rules 2, 3 and 4
shall apply to any reference by the Court under the proviso to section 113 as they apply to a reference
under rule 1; and]
    5. Power to alter, etc., decree of Court making reference.—Where a case is referred to the High
Court under rule 1[or under the proviso to section 113], the High Court may return the case for
amendment, and may alter, cancel or set aside any decree or order which the Court making the reference
has passed or made in the case out of which the reference arose, and make such order as it thinks fit.
     6. Power to refer to High Court questions as to jurisdiction in small causes.—(1) Where at any
time before judgment a Court in which a suit has been instituted doubts whether the suit is cognizable by
a Court of Small Causes or is not so cognizable, it may submit the record to the High Court with a
statement of its reasons for the doubt as to the nature of the suit.
    (2) On receiving the record and statement, the High Court may order the Court either to proceed with
the suit or to return the plaint for presentation to such other Court as it may in its order declare to be
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competent to take cognizance of the suit.
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     7. Power to District Court to submit for revision proceeding had under mistake as to
jurisdiction in small causes.—(1) Where it appears to a District Court that a Court subordinate thereto
                                                        aC
has, by reason of erroneously holding a suit to be cognizable by a Court of Small Causes or not to be so
cognizable, failed to exercise a jurisdiction vested in it by law, or exercised a jurisdiction not so vested,
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the District Court may, and if required by a party shall, submit the record to the High Court with a
                                                In
statement of its reasons for considering the opinion of the Subordinate Court with respect to the nature of
the suit to be erroneous.
    (2) On receiving the record and statement the High Court may make such order in the case as it
thinks fit.
    (3) With respect to any proceedings subsequent to decree in any case submitted to the High Court
under this rule, the High Court may make such order as in the circumstance appears to it to be just and
proper.
   (4) A Court subordinate to a District Court shall comply with any requisition which the District Court
may make for any record or information for the purposes of this rule.
                                              ORDER XLVII
                                                REVIEW
     1. Application for review of judgment.—(1) Any person considering himself aggrieved—
         (a) by a decree or order from which an appeal is allowed, but from which no appeal has been
     preferred,
          (b) by a decree or order from which no appeal is allowed, or
          (c) by a decision on a reference from a Court of Small Causes,
and who, from the discovery of new and important matter or evidence which, after the exercise of due
diligence was not within his knowledge or could not be produced by him at the time when the decree was
passed or order made, or on account of some mistake or error apparent on the face of the record or for any
other sufficient reason, desires to obtain a review of the decree passed or order made against him, may
apply for a review of judgment to the Court which passed the decree or made the order.
   (2) A party who is not appealing from a decree or order may apply for a review of judgment
notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is


1. Ins. by Act 24 of 1951, s. 2.

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